NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Mayo-Ramsay (WorkCover Authority of NSW) v The Crown in the Right of the State of New South Wales (NSW Fire Brigades) [2006] NSWIRComm 356
PROSECUTOR Inspector Rosalie Mayo-Ramsay (WorkCover Authority of New South Wales) PARTIES: DEFENDANT The Crown in the Right of the State of New South Wales (NSW Fire Brigades)
FILE NUMBER(S): IRC 768, 769 of 2005
CORAM: Boland J
Occupational health and safety - Fire and explosion in oil seed crushing plant - Fatalities - Prosecution under s 15 and s 16 of Occupational Health and Safety Act 1983 - New South Wales Fire Brigades - Statutory interpretation - Whether immunity from criminal liability under Fire Brigades Act 1989 - Whether s 78 of Fire Brigades Act as it applied on 6 December 1999 to alleged and admitted failures of Fire Brigades to ensure safety - Whether s 78 of Fire Brigades Act applied to omissions - Whether elements of offences proven - Whether challenged particulars made out - Held s 78 of Fire Brigades Act did not apply to alleged and admitted failures of Fire Brigades to ensure safety and therefore no immunity from prosecution under Occupational Health and Safety Act - Offences proven CATCHWORDS: Statutory interpretation - Occupational health and safety - Fire and explosion in oil seed crushing plant - Fatalities - Prosecution under s 15 and s 16 of Occupational Health and Safety Act 1983 - New South Wales Fire Brigades - Whether immunity from criminal liability under Fire Brigades Act 1989 - Whether s 78 of Fire Brigades Act as it applied on 6 December 1999 to alleged and admitted failures of Fire Brigades to ensure safety - Whether s 78 of Fire Brigades Act applied to omissions - Whether elements of offences proven - Whether challenged particulars made out - Held s 78 of Fire Brigades Act did not apply to alleged and admitted failures of Fire Brigades to ensure safety and therefore no immunity from prosecution under Occupational Health and Safety Act - Offences proven
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